Lawsuits - Resolved

Beatie v. Beatie

Case Number: 1 CA-CV 13-0209Date Filed:Ruling Date: 14 August 2014

Description:

Thomas Beatie was born in Hawaii as Tracy Lagondino in 1974. He had sex-reassignment surgery in 2002, took twice-weekly doses of testosterone, and had his breasts surgically removed during his female-to-male transition before legally changing his gender on his passport and Hawaii driver's license.

Thomas and Nancy married in 2003 in Hawaii. Nancy was unable to bear children due to a hysterctomy to cure endometriosis. Therefore, the couple decided to artificially inseminate Thomas and for him serve as a surogate, carrying their children. Thomas gave birth to their first child, Susan, in July 2008. Since then, he has given birth to two sons, Austin and Jensen.

The couple eventually moved to Arizona. Thomas and Nancy separated in 2012, then sought a divorce which was denied in 2013 when the judge ruled that Arizona's ban on same-sex marriages prevented the marriage from being recognized as valid.

On 14 August 2014, a three-judge panel of the Arizona Court of Appeals ruled that Thomas Beatie's marriage to Nancy Beatie in Hawaii in 2003 is considered valid in Arizona and concluded it wasn't a same-sex union. The Arizona Court of Appeals echoed the arguments made in an amicus brief from the Transgender Law Center that because “the right to have children is a liberty interest afforded special constitutional protection”—“one of the basic civil rights of man”—it would not interpret the Arizona or Hawaii gender-change statute as “prohibit[ing] giving birth as a prerequisite to gender redesignation.” The court also held that to deny Thomas Beatie legal recognition as male “would run afoul of the equal protection clause of the U.S. Constitution.”

Joseph Diaz, et al., v. Janice Brewer, et al.

A federal judge barred enforcement of an AZ law that would withhold health benefits from LGBT employees, their partners, and children.

On 6 September 2011, the 9th Circuit U.S. Court of Appeals agreed.

2 July 2012, AZ asked the U.S. Supreme Court to review the case.

27 June 2013, the U.S. Supreme Court declined to hear Arizona’s appeal of a preliminary injunction suspending the voter-approved benefits ban, so the benefits will remain in effect while the case proceeds.

On 23 December 2013, at the plaintiffs' request and with the support of the defendants, the District Court certified the suit as a class action and affirmed the lower court’s decision, expanding the beneficiaries of a decision for the plaintiffs to include all gay and lesbian state employees.

31 October 2014, the parties filed a joint motion to dissolve the preliminary injunction and dismiss the case.

Marriage Equality USA (MEUSA) was the grassroots movement to win marriage in the United States. With the U.S. Supreme Court victory on June 26, 2015 the work of the organization - though not the larger movement - was achieved and MEUSA ceased formal operations, closing in late 2017. For inquires please contact lovewins@marriageequality.org.